Immigrants who come into the United States likely hope that they can remain in the country as long as they intend. In some cases, a stay may be cut short if the person is deported. This is done through the removal process.
In immigration law, the term removal refers to the legal process to seek the deportation of a noncitizen. The first step in the process is the Department of Homeland Security issuing a notice to appear. That document lists the factual and legal grounds for the removal process and serves as the formal charging document.
Once this document is filed with the immigration court, the individual enters the removal process. These proceedings take place in front of an immigration judge who has to determine whether the government’s allegations are valid. The immigration judge will also determine if the person is subject to removal under U.S. immigration law.
Rights of immigrants
Immigrants who are notified that they are the subject of removal proceedings have the right to respond to the charges. They can present evidence and apply for certain forms of relief. Depending on the circumstances, this may include asylum, voluntary departure, cancellation of removal or adjustment of status.
If the judge presiding over the case determines that the person is removable and no relief is provided, the judge can issue the removal order. If the judge grants relief, the person may be allowed to remain in the United States.
Immigration proceedings are a bit different than criminal proceedings. One of the primary differences is that immigration courts don’t guarantee a government-provided attorney. Because of this, noncitizens must secure their own legal representation.